Larry Arnold Bowles v. The State of Texas--Appeal from 85th District Court of Brazos County

IN THE

TENTH COURT OF APPEALS

No. 10-99-338-CR

EX PARTE LARRY ARNOLD BOWLES

From the 85th District Court

Brazos County, Texas

Trial Court # 50,214-85

MEMORANDUM OPINION

This is an appeal from an order denying relief in an application for writ of habeas corpus, based on a contention of excessive bail.

Larry Bowles was charged with three counts of sexual assault of a child. See Tex. Pen. Code Ann. 22.011(a)(2) (Vernon Supp. 1999). Bail was set in the amount of $200,000 for each count, totaling $600,000. Bowles filed a pretrial habeas application requesting a reduction in bail which, after a hearing, was denied. He appeals, asserting that the court erred in denying his application. We will hold the bail to be excessive, modify the court s order, and reduce Bowles bail to a total of $60,000.

STANDARD OF REVIEW

We review the trial court s decision under an abuse of discretion standard. Ex parte McCullough, 993 S.W.2d 836, 837 (Tex. App. Waco 1999, no pet. h.); Ex parte Emery, 970 S.W.2d 144, 145 (Tex. App. Waco 1998, no pet.). The burden is on Bowles to show the bail amount to be excessive under Article 17.15 of the Code of Criminal Procedure. Id; see Tex. Code Crim. Proc. Ann. art. 17.15 (Vernon Supp. 1999). Article 17.15 lists five factors to consider when determining if bail is excessive. They are:

1) The bail shall be sufficiently high to give reasonable assurance that the undertaking will be complied with.

2) The power to require bail is not to be so used as to make it an instrument of oppression.

3) The nature of the offense and the circumstances under which it was committed are to be considered.

4) The ability to make bail is to be regarded, and proof may be taken upon this point.

5) The future safety of a victim of the alleged offense and the community shall be considered.

Id. Family and community ties, length of residence in the county, prior criminal record, conformity with conditions of previous bail bonds, and aggravating circumstances of the offense should also be considered. Emery, 970 S.W.2d at 145 (citing Ex parte Rubac, 611 S.W.2d 848, 849-50 (Tex. Crim. App. 1981)).

APPLICATION OF FACTORS

Bowles testified that he is fifty-one years old and has lived in Brazos County for over thirty years. He was employed by Texas A&M University and Blinn College. He has no prior criminal record. The evidence shows that no weapons were used by Bowles in the commission of the charged offenses.

Bowles testified that he does not have the financial resources to make $600,000 in bail bonds. He owns property in Brazos County, but has mortgages. He further testified that he could make a total of $30,000 in bail bonds and, if reduced, he would abide by any conditions imposed by the court. Bowles further offered to live at his mother s house pending disposition of the case.

CONCLUSION

Taking into consideration each factor listed in Article 17.15 and considering the amount of bail which the evidence shows Bowles can make, we hold that the court abused its discretion in setting bail at a total of $600,000. We sustain the point of error and reverse the order denying habeas corpus relief. We grant the relief sought and hereby reduce bail to $20,000 for each count of sexual assault of a child, for a total of $60,000.

BILL VANCE

Justice

Before Chief Justice Davis,

Justice Vance, and

Justice Gray

(Justice Gray dissenting)

Reversed and rendered

Opinion delivered and filed November 24, 1999

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